Setting up the right to manage
Landlord’s counter-notice
The landlord can serve a counter-notice, no later than the date given in the notice of claim, which must be at least 1 month after serving the notice of claim.
The counter-notice will either:
- agree that the right to manage company is entitled to acquire the right to manage
- claim that the right to manage company is not entitled to acquire the right to manage, and give reasons for this
The landlord cannot dispute the claim just because they do not want to hand over management of the building. They can only dispute it if:
- the building is not eligible
- the right to manage company does not meet the legal requirements
- the members of the right to manage company do not make up at least half the flats in the building
If the landlord does not dispute the claim
If the landlord does not send a counter-notice, or if they send a notice agreeing to the claim, then the right to manage company takes over management on the date given in the claim notice.
If the landlord disputes the claim
If the landlord disputes the claim, their counter-notice must be in a prescribed form and must give reasons. It must say that:
- the right to manage company may apply to a tribunal to determine the issue – the First-tier Tribunal (Property Chamber) in England, or the Leasehold Valuation Tribunal in Wales
- the right to manage company will not acquire the right unless the tribunal determines in favour of the company or the landlord subsequently agrees that the company is entitled to acquire the right to manage
You can then apply to the tribunal within 2 months of the date of the counter-notice.
You can apply by submitting an application form:
- in England – application form Leasehold 8
- in Wales – application form LVT1
The tribunal decides whether the right to manage company is entitled to the right to manage. Its decision becomes final after any appeal or at the end of the period during which an appeal could have been made.
Generally the right to manage company and the landlord will each pay their own legal costs. But the tribunal might order the right to manage company to pay the landlord’s reasonable costs if the claim is withdrawn or if the tribunal decides that the right to manage company has acted unreasonably.
If you do not apply to the tribunal, your right to manage claim is considered to be withdrawn, unless the landlord changes their mind and later agrees to the claim in writing.
- Last updated:
- 16 December 2025
- Next review:
- 16 December 2027
Related content
About the right to manage, eligibility criteria and steps to set it up
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